| Citation(s) |
|---|
| 2013 SLG 2806 2013 SLD 2806 2013 YLR 2132 |
Peshawar High Court
Writ Petition No. 385 of 2011, decided on 4th June, 2013
WAQAR AHMAD SETH, J
Muhammad Asghar Khan Kundi for Petitioner. A.A.G. for Government of Kyber Pakhtunkhwa. Malik Mahmood Akhtar for
Respondents Nos. 2 and 3. Asdur Rehman Qadir for
Respondent No. 4
Writ Petition No. 385 of 2011, decided on 4th June, 2013
WAQAR AHMAD SETH, J
Muhammad Asghar Khan Kundi for Petitioner. A.A.G. for Government of Kyber Pakhtunkhwa. Malik Mahmood Akhtar for
Respondents Nos. 2 and 3. Asdur Rehman Qadir for
Respondent No. 4
Sheikh WAJAHAT ALI
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Industries and 3 others
Law:
Section:
(a) General Clauses Act (X of 1897)--- ----S.27---Presumption would be that registered letter was received by the addressee, unless same was received back as un served. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainbility---Cancellation of allotment of plot---Factual controversy---Two notices were dispatched to the petitioner before cancellation of allotment but petitioner failed to make any response or remove deficiencies---Petitioner was allotted/ transferred the disputed plot through a lease-deed---Any violation of lease-deed or terms mentioned therein involved factual controversy, which was out of the domain of High Court in its constitutional jurisdiction---Constitutional petition was not maintainable in circumstances. Miss Sayeda Saira Bokhari v. Federal Secretary, Ministry of Housing and Works Government of Pakistan and 5 others 2011 MLD 10 rel. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Laches---Reasonable time---Constitutional petition was filed after about one year and four months of the impugned order---Reasonable time had been interpreted as 120 days or four months---Constitutional petition filed after about one year and four months of the impugned order was hit by laches---Constitutional petition was dismissed. 2012 CLC 1729 rel. (d) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court--- Scope--- Contractual obligations---Cancellation of allotment---Arbitration clause mentioned in the contract---Arbitration clause having been provided in the contract/agreement deed for resolution of any dispute or difference arising out of the deed, constitutional petition was not maintainable. Messrs Syed Bhais (Pvt.) Ltd. through Director v. Government of Punjab through Secretary Local Government and 3 others PLD 2010 Lah. 52 rel. JUDGMENT WAQAR AHMAD SETH, J.---Sheikh Wajahat Ali petitioner seeks the constitutional jurisdiction of this Court praying for:-- "that on acceptance of the instant writ petition, the impugned order/ letter dated 2-2-2010 and the allotment order, if any, in favour of respondent No.4 may very graciously be declared illegal and…
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